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Indianola police officer suspended in shooting of an 11-year-old faces second abuse-related lawsuit

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An active duty Army staff sergeant is accusing an Indianola police officer already under investigation in a separate case of tasing him, choking him and pointing a gun at him while handcuffed in December 2022, according to a federal lawsuit filed last week.

Kelvin Franklin, 33, made the allegations against Officer Greg Capers, who has been suspended without pay and faces legal action in a separate incident: the May 2023 shooting of 11-year-old Aderrien Murry.

Carlos Moore is representing Franklin and the boy’s family in their respective lawsuits. In both interactions, the attorney said Capers escalated the situation. Capers’ alleged aggressive response came when Franklin arrived at his then-fiance’s house to retrieve a bag and after Aderrien called for help during a domestic situation.

“In both instances I believe both results would have been a lot safer if Greg Capers didn’t arrive at either scene,” Moore said.

Franklin’s lawsuit asks for a jury trial and for at least $500,000 to be awarded to cover compensatory and punitive damages, attorney fees and interest.

Cleveland attorney Michael Carr is representing Capers in proceedings for an aggravated assault charge the boy’s mother filed against the officer and in a $5 million federal lawsuit filed on Aderrien’s behalf.

Carr declined to comment Thursday because it was the first he had heard about Franklin’s lawsuit. He also doesn’t know if Capers has been served and is aware of the suit, which was filed Aug. 28.

The city of Indianola, Police Chief Ronald Sampson and five unnamed officers are also named as defendants. The lawsuit alleges Capers’ actions are the result of the city and police chief’s policy and failure to supervise and train officers.

The city defendants have not responded in writing to the lawsuit, and a representative from the police department did not respond to a request for comment Thursday.

Sgt. Greg Capers of the Indianola Police Department. Credit: Photo courtesy of Carlos Moore

The night of Dec. 30, 2022, Franklin was traveling home with his then-fiance’s cousin from Camp Shelby to his fiance’s residence in Indianola. 

Once in Indianola, the lawsuit details how, as Franklin exited the car and went back to get a parking decal from inside the car, the fiance misread the situation and called 911.

Seeing the driveway was blocked, Moore said Franklin approached the cousin about moving their vehicle, and the fiance thought they were arguing. She called the police “out of an abundance of caution,” Moore said.

When Capers and the other officers arrived, Franklin told them he was there to retrieve a bag before returning to Camp Shelby, according to the lawsuit. He also said he had a firearm, which one of the unnamed officers took.

Capers pulled his gun on Franklin then put it back into the holster only to grab his taser, using it on Franklin up to four times and choking him, according to the lawsuit.

Franklin told the officers he was in pain and only had one kidney, but his request for medical attention was ignored and he was taken to the Sunflower County Jail, where paramedics evaluated him but didn’t treat him, according to the lawsuit.

When Franklin was released from jail a day later, he sought treatment at Forrest General Hospital in Hattiesburg because he was in pain and felt sick and weak, Moore said. Franklin had a dehydrated kidney and injuries to his neck, stomach and right hand, according to the lawsuit.

Moore said a bystander who knows Franklin filmed a portion of his encounter with police.

In the 3 ½-minute video shared with Mississippi Today, blue lights illuminate some of the darkness. Franklin is seen standing with his hands out to the side when an officer tases him. He bends over with a hand on his stomach and then falls to the ground. An officer starts to handcuff him.

The man filming makes several comments as the taser crackles and Franklin cries out.

“Put your hands behind your back, you’re fixing to get it again,” an officer says right before Franklin is tased.

The lawsuit alleges Capers acted suddenly when he drew his firearm and pointed it toward Franklin, who questioned the officer: “I haven’t done anything wrong for you to shoot me,” according to the suit. This moment was not captured on video.

Moore said body camera footage from the officers exists, and he plans to request it through discovery.

Franklin, who has been deployed in Kuwait since May, has over 16 years of military service, Moore said. Not only did the experience leave him mentally distraught and emotionally drained, but he worried about how the incident could have put his military career in jeopardy.

“It’s been an ordeal,” Moore said about how his client is doing.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1912

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mississippitoday.org – Jerry Mitchell – 2025-03-09 07:00:00

March 9, 1912

Portrait of Charlotte Bass Credit: Wikipedia

Charlotta Bass became one of the nation’s first Black female editor-owners. She renamed The California Owl newspaper The California Eagle, and turned it into a hard-hitting publication. She campaigned against the racist film “Birth of a Nation,” which depicted the Ku Klux Klan as heroes, and against the mistreatment of African Americans in World War I. 

After the war ended, she fought racism and segregation in Los Angeles, getting companies to end discriminatory practices. She also denounced political brutality, running front-page stories that read, “Trigger-Happy Cop Freed After Slaying Youth.” 

When she reported on a KKK plot against Black leaders, eight Klansmen showed up at her offices. She pulled a pistol out of her desk, and they beat a “hasty retreat,” 

The New York Times reported. “Mrs. Bass,” her husband told her, “one of these days you are going to get me killed.” She replied, “Mr. Bass, it will be in a good cause.” 

In the 1940s, she began her first foray into politics, running for the Los Angeles City Council. In 1951, she sold the Eagle and co-founded Sojourners for Truth and Justice, a Black women’s group. A year later, she became the first Black woman to run for vice president, running on the Progressive Party ticket. Her campaign slogan: “Win or Lose, We Win by Raising the Issues.” 

When Kamala Harris became the first Black female vice presidential candidate for a major political party in 2020, Bass’ pioneering steps were recalled. 

“Bass would not win,” The Times wrote. “But she would make history, and for a brief time her lifelong fight for equality would enter the national spotlight.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 1977

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mississippitoday.org – Jerry Mitchell – 2025-03-08 07:00:00


On this day in 1977

March 8, 1977

Henry Marsh
Henry L. Marsh III became the first Black mayor of the Confederacy’s capital.

Henry L. Marsh III became the first Black mayor of the former capital of the Confederacy, Richmond, Virginia. 

Growing up in Virginia, he attended a one-room school that had seven grades and one teacher. Afterward, he went to Richmond, where he became vice president of the senior class at Maggie L. Walker High School and president of the student NAACP branch. 

When Virginia lawmakers debated whether to adopt “massive resistance,” he testified against that plan and later won a scholarship for Howard University School of Law. He decided to become a lawyer to “help make positive change happen.” After graduating, he helped win thousands of workers their class-actions cases and helped others succeed in fighting segregation cases. 

“We were constantly fighting against race prejudice,” he recalled. “For instance, in the case of Franklin v. Giles County, a local official fired all of the black public school teachers. We sued and got the (that) decision overruled.” 

In 1966, he was elected to the Richmond City Council and later became the city’s first Black mayor for five years. He inherited a landlocked city that had lost 40% of its retail revenues in three years, comparing it to “taking a wounded man, tying his hands behind his back, planting his feet in concrete and throwing him in the water and saying, ‘OK, let’s see you survive.’” 

In the end, he led the city from “acute racial polarization towards a more civil society.” He served as president of the National Black Caucus of Elected Officials and as a member of the board of directors of the National League of Cities. 

As an education supporter, he formed the Support Committee for Excellence in the Public Schools. He also hosts the city’s Annual Juneteenth Celebration. The courthouse where he practiced now bears his name and so does an elementary school. 

Marsh also worked to bridge the city’s racial divide, creating what is now known as Venture Richmond. He was often quoted as saying, “It doesn’t impress me to say that something has never been done before, because everything that is done for the first time had never been done before.”

He died on Jan. 23, 2025, at the age of 91.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Judge tosses evidence tampering against Tim Herrington

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mississippitoday.org – Molly Minta – 2025-03-07 15:08:00

A Lafayette County circuit judge ended an attempt to prosecute Sheldon Timothy Herrington Jr., the son of a prominent north Mississippi church family who is accused of killing a fellow University of Mississippi student named Jimmie “Jay” Lee, for evidence tampering.

In a March 7 order, Kelly Luther wrote that Herrington cannot be charged with evidence tampering because of the crime’s two-year statute of limitations. A grand jury indicted the University of Mississippi graduate last month on the charge for allegedly hiding Lee’s remains in a well-known dumping ground about 20 minutes from Herrington’s parent’s house in Grenada.

“The Court finds that prosecution for the charge of Tampering with Physical Evidence commenced outside the two-year statute of limitations and is therefore time-barred,” Luther wrote.

In order to stick, Luther essentially ruled that the prosecution should have brought the charges against Herrington sooner. In court last week, the prosecution argued that it could not have brought those charges to a grand jury without Lee’s remains, which provided the evidence that evidence tampering occurred.

READ MORE: ‘The pressure … has gotten worse:’ Facing new charge, Tim Herrington will remain in jail until trial, judge rules

The dismissal came after Herrington’s new counsel, Jackson-area criminal defense attorney Aafram Sellers, filed a motion to throw out the count. Sellers did not respond to a request for commend by press time.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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